Thông tư 33/2017/TT-BLĐTBXH của Bộ Lao động Thương binh và Xã hội hướng dẫn về cơ cấu tổ chức, định mức nhân viên và quy trình, tiêu chuẩn trợ giúp xã hội tại cơ sở trợ giúp xã hội

CIRCULAR

Guiding organizational structure, payroll, social relief process and standards at social relief establishments  

Pursuant to the Government’s Decree No. 14/2017/ND-CP dated February 17, 2017 defining the functions, tasks, powers and organizational structure of the Ministry of Labor, Invalids and Social Affairs;

Pursuant to the Government’s Decree No. 103/2017/ND-CP dated September 12, 2017 on prescribing the founding, organization, operation, dissolution and management of social relief establishments;

At the request of Director of the Department of Social Assistance;

The Minister of Labor, Invalids and Social Affairs promulgates the Circular on guiding organizational structure, payroll, social relief process and standards at social relief establishments.

Chapter I

GENERAL PROVISIONS
 

Article 1. Scope of regulation

This Circular guides organizational structure, payroll, social relief process and standards at social relief establishments (hereinafter referred to as the establishments).

Article 2. Subjects of application

This Circular applies to public social relief establishments and non-public social relief establishments, including:

1. Social assistance establishments taking care of the elderly.

2. Social assistance establishments taking care of children in special circumstances.

3. Social assistance establishments taking care of persons with disabilities.

4. Social assistance establishments taking care of and organizing functional rehabilitation for persons suffering from mental illness or mental disorders.

5. General social assistance establishments taking care of different types of social relief beneficiaries or persons in need of social relief.

6. Social work centers giving advice, emergency care or other necessary conditions for persons in need of social relief.

7. Other social relief establishments as prescribed by law regulations.

Chapter II

ORGANIZATIONAL STRUCTURE AND PAYROLL AT SOCIAL RELIEF ESTABLISHMENTS
 

Article 3. Organizational structure

1. Leadership of a social relief establishment includes Director and Deputy Director.

2. Organizational structure

The state agency competent to manage public social relief establishments shall, based on the establishment’s tasks, scope, number of beneficiaries and number of civil servants, public employees and employees, provide for regulations on organizational structure with suitable divisions or departments, without increase in number of divisions and the number of staff at the public social relief establishments in the locality; and cut down number of staff on payroll and restructure their team of civil servants, public employees and employees in accordance with regulations. The organizational structure of a public social relief establishment shall be determined by the following basic groups of works:

a) General administration;

b) Social work and community development;

c) Emergency and long-term care;

d) Health - Functional rehabilitation;

dd) Other divisions or departments that are decided by the competent authorities.

3. Directors of non-public social relief establishments shall refer to Clause 2 of this Article to decide a suitable organizational structure for their establishments.

Article 4. Positions

Positions in a social relief establishment include:

1. Positions associated with administration tasks:

a) Director;

b) Deputy Director;

c) Head of Division;

d) Deputy Head of Division;

dd) Head of Department;

e) Deputy Head of Department.

2. Positions associated with care and support tasks at the social relief establishment:

a) Social work;

b) Psychology;

c) Direct care;

d) Health, nursing;

dd) Nutritional care;

e) Functional rehabilitation;

g) Education;

h) Vocational training;

i) Other positions specified by law regulations.

3. Positions associated with assistance and service tasks:

a) Accountant;

b) General administration;

c) Administration;

d) Cashier;

dd) Clerical work;

e) Driver;

g) Security guard;

h) Other positions specified by law regulations.

4. The state agency competent to a public social relief establishment shall decide positions, combination of positions or supplementation of a list of new positions in accordance with law regulations, ensuring the fulfillment of duties of the establishment.

5. Directors of non-public social relief establishments shall decide positions and staff of the establishments to ensure fulfillment of duties of the establishments.

Article 5. Payroll at social relief establishments

1. Director: Each social relief establishment has 01 Director.

2. Deputy Director: Each social relief establishment has 02 Deputy Directors at most.

3. Each professional division has a Head, at most 02 Deputy Heads and staff. The number of staff in every division shall be determined according to their positions and actual workload.

4. Each department has a Head, at most 02 Deputy Heads and staff. The number of staff in every department shall be determined according to their positions and actual workload.

5. Social work staff: 01 social work staff shall take charge of 100 beneficiaries at most.

6. Psychologist: The establishment must have at least 01 psychiatry staff.

7. Direct care staff:

a) Child care staff: 01 child care staff shall take care of 01 child under 18 months of age, at most 06 normal children from 18 months of age to under 6 years of age or at most 10 normal children from 6 to under 16 years of age; take care of at most 04 children with disabilities, or children suffering a mental disease, or HIV-infected children from 18 months of age to under 6 years; take care of at most 05 children with disabilities, or children suffering a mental disease, or HIV-infected children from 6 to under 16 years of age.

b) Staff taking care of persons with disabilities: 01 care staff shall take care of at most 10 persons with disabilities who can take care of themselves in daily routines or at most 04 persons with disabilities who cannot take care of themselves in daily routines.

c) Elderly care staff: 01 elderly care staff shall take care of at most 10 elderly people who can take care of themselves in daily routines or at most 04 elderly people who cannot take care of themselves in daily routines.

d) Staff persons taking care of persons suffering from mental illness: 01 staff shall take care of at most 02 extremely serious mental patients, at most 04 serious mental patients or at most 10 mental patients who have been recovered.

dd) Staff taking care of homeless people: 01 staff shall take care of 12 homeless people at most (this payroll is used for every batch of homeless people admitted to the establishment for evaluating or sending them back to the localities).

8. Health staff: 01 health staff shall take care of 50 beneficiaries at most.

9. Nutritional care staff: 01 staff shall take care of 20 beneficiaries at most.

10. Functional rehabilitation staff: 01 staff shall guide the functional rehabilitation for 05 beneficiaries at most.

11. Teachers: 01 teacher shall provide education or vocational training for 09 beneficiaries at most.

12. Indirect positions shall account for at most 20% of total human resources in the establishment, including: Accounting, general administration, administration, cashier, clerical work, driver, security guard.

Chapter III

SOCIAL RELIEF PROCESS AND STANDARDS
 

Article 6. Social relief process

The establishment shall provide social relief for a beneficiary according to the following process:

1. Receiving information and needs of the beneficiary; screen and categorize beneficiary.

2. Evaluating psychology, physiology, wellbeing, and needs of the beneficiary.

3. Making a plan to support the beneficiary.

4. Performing the support plan.

5. Collecting data, aggregate, analyze and evaluate the progress of the beneficiary; supervise and evaluate the care and adjust the care plan if necessary.

6. Making a plan to cut off the support and support the beneficiary to integrate into community.

Article 7. Standards on the environment, premises and houses

1. The environment and premises of the establishment must ensure the standards as follows:

a) The establishment must be located in a place convenient for traffic access; have trees and fresh air which are beneficial for the health of beneficiaries;

b) There must be a drainage system, rubbish and waste dump and appropriate measures for rubbish and waste treatment;

c) The establishment gate must have a sign with clear name and address; fence and lighting to ensure its safety;

d) There are funeral home and space for burning incenses for deceased beneficiaries;

dd) For an establishment in a rural or mountainous area, there is at least one garden, flagpole and suitable space for beneficiaries to work out, play sports and tranquillize. If there are ponds and lakes, they must be fenced and adequately safe for beneficiaries; there must be land to do farming for daily life at the establishment; cattle and poultry breeding areas must be far away from its offices and houses.

2. Facilities of the establishment must meet the following standards:

a) The system of offices and houses must be solid, adequately secured and hurricane-proof;

b) Doors and windows provide adequate natural light and ventilation;

c) Systems in the establishment must be adequately safe for the beneficiaries, including the proper installation of electrical, gas and drainage systems;

d) Toilets, bathrooms are suitable for all groups of people, including persons with disabilities; separate toilets and bathrooms are available for women;

dd) The arrangement of sleep and rest places for beneficiaries shall be suitable with their age and gender;

e) There must be a common room for beneficiaries in their free time;

g) There must be recreation areas, therapeutic labor and production zones for the beneficiaries;

h) There must be kitchen and common dining areas for the beneficiaries;

i) There must be infirmaries to provide primary health care for the beneficiaries;

k) There must be necessary equipment for persons with disabilities, the elderly and children;

l) Works and equipment must be accessible to persons with disabilities, the elderly and children.

Article 8. Standards on health, sanitation, clothing and nutrition

An establishment must take care of its beneficiaries according to the following standards:

1. Health care:

The establishment must have health staff, appropriate medical equipment and devices and medicine cabinets to ensure primary health care and first aid when necessary; provide treatment and open logbook; provide biannual and annual checkups for each beneficiary. For establishments having the duty of functional rehabilitation, there must be functional rehabilitation staff and equipment for the beneficiaries.

2. Sanitation and items for daily routines:

a) Provide sufficient potable water and ensure daily bathing and washing for beneficiaries;

b) Provide personal hygiene items, including separate bath soap, towels, face towels, toothpaste and toothbrush;

c) Provide objects for sleeping, including, beds, mats, pillows, blankets, mosquito nets;

d) The social relief establishment must have a separate regulation that provide for sanitation and personal hygiene.

3. Clothes:

Beneficiaries are provided with school uniforms (for children of school age), socks and slippers are provided at least every 6 months and are replaced in cases of damage or loss; and are provided with warm clothes warm in winter.

4. Nutrition:

a) Provide at least three meals (breakfast, lunch and dinner) per day;

b) Ensure adequate calories, protein (meat, fish, soy, carbohydrates, cereals, vegetables);

c) The establishment must have a special nutrition regime for those with special needs such as infants, children with disabilities, children infected with HIV, children who are sick or malnourished, the elderly and those who need a diet due to their disease, religion or belief.

Article 9. Standards for education and vocational training

An establishment must provide education for beneficiaries capable of learning; vocational training for children aged from 13 years and older and those who have working capacity and need vocational training, to be specific:

1. Ensure the universalization of education specified in Clause 2 Article 1 of the Law on Amending and Supplementing a Number of Article of the Law on Education dated November 25, 2009.

2. Provide formal or non-formal education in public schools or people-founded schools or social relief establishments.

3. Educate beneficiaries about social ethics, sanitation, HIV/AIDS prevention and control, reproductive health and other topics suitable to their age and gender.

4. Provide guidance on methods of prevention and fighting of human trafficking, abuse, violence and exploitation for the beneficiaries.

5. Provide textbooks, learning materials and arrange study places for beneficiaries.

6. Give counsel for beneficiaries to select by themselves a vocational training appropriate to their abilities and local conditions.

7. Support beneficiaries with further study or vocational training, depending on their age, choice and market demand.

Article 10. Standards on culture, sports, physical training and entertainment

The establishment must ensure the following requirements for beneficiaries:

1. Regarding culture:

a) Provide a cultural environment that cares about, shares and supports beneficiaries to show affection, thoughts, ideas and creativity;

b) Beneficiaries have opportunity to participate in religious and social activities;

c) Beneficiaries may study traditional culture and have freedom of religion and belief within the framework of Vietnamese law;

d) Beneficiaries have the right to choose a religion without being discriminated against or being forced to follow a religion as a condition for the care in the establishment.

2. Regarding physical training, sports, recreation and entertainment:

a) Beneficiaries may participate in physical activities, sports, recreation and entertainment suitable for ages and citizens in the community; persons with disabilities are supported to participate safely in the above-mentioned activities;

b) Create favorable conditions for beneficiaries to make friends with people living in the neighborhood, schoolfriends and people in the community; meet with family or relatives, except for some cases in which the meeting or making friends might threaten beneficiaries’ safety.

Chapter IV

IMPLEMENTATION PROVISIONS
 

Article 11. Effect

1. This Circular takes effect on February 12, 2018.

2. The Circular No. 04/2011/TT-BLDTBXH dated February 25, 2011 of the Ministry of Labor, Invalids and Social Affairs on defining standards on care in social assistance establishments; Joint Circular No. 32/2009/TTLT-BLDTBXH-BNV dated September 21, 2009, of the Ministry of Labor, Invalids and Social Affairs and the Ministry of Home Affairs guiding tasks, powers, organizational structure and payroll of public social assistance establishments; Joint Circular No. 09/2013/TTLT-BLDTBXH-BNV dated June 10, 2013, of the Ministry of Labor, Invalids and Social Affairs and the Ministry of Home Affairs on guiding functions, tasks, powers and organizational structure of public social work service centers shall cease to be effective from the effective date of this Circular.

3. Social relief establishments  must take solutions to arrange, organize and perfecting human resources, standards and conditions for operation in accordance with the Decree No. 103/2017/ND-CP and this Circular.

4. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, heads of central agencies of socio-political organizations, chairpersons of People's Committees of provinces and centrally-run cities shall take responsibility for implementing this Circular.

5. Any difficulty arising in the course of implementation of this Circular should be promptly reported to the Ministry of Labor, Invalids and Social Affairs for guidance./.